HomeMy WebLinkAboutRIO VISTA WEST, LLC (2)INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK_
DATE: UF.j 9 4v4
A-2024-176
FIRST AMENDMENT TO SHOPPING CENTER LEASE
Q: w l> FOR SANTA ANA POLICE DEPARTMENT SUBSTATION
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THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 30,
2024, by and between Rio Vista West, LLC, a California Limited Liability Company ("Lessor"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of Califomia ("City").
RECITALS
A. The parties entered into Agreement # N-2021-177, dated September 14, 2021 ("Agreement"),
by which Lessor agreed to lease property to City at 3750 W. McFadden Avenue, Suite 1, Santa
Ana, CA for use as the Santa Ana Police Department Substation. The term of the Agreement
as set forth in the second Option to Renew runs through October 31, 2024, and is still in effect.
B. Exhibit I to the Agreement provides for two options to renew the lease. The parties now wish
to amend Exhibit I of the Agreement to add to Section 49, Option to Renew, a third option to
renew.
The Parties therefore agree:
Exhibit I, Section 49, Option to Renew is amended to include Exhibit I-1 adding a third
option to renew. Exhibit I-1 will replace Exhibit 1 of the Agreement.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
[Signatures on following page]
Pige I oft
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on
the date and year first written above.
ATTEST
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
AMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL
ROBERT RODRIGUEZ
Acting Chief of Police
CITY OF SANTA ANA
zd-4� —
ALVARO NUNEZ
City Manager
RIO VISTA WEST LLC
B J H [BE
Title: top anger & Authorized Agent
Page 2 of 2
EXHIBIT "1-1"
Santa Ana Police
Addendum to Lease dated April 15, 2021 between Rio Vista West, LLC, a California Limited Liability
Company ("Lessor') and the Santa Ana PollooDepartment, a division of the CityofSanta Ana, a municipal
corporation ("Lessee")
Section 49. Ontiou to Renew:
Provided Lessee is not then in default with respect to the Lease to which this OPTION TO RENEW is
attached and has kept and performed all of it's obligations under said Lease, Lessee shall have the right and
option at any time, at least 180 days before the expiration of said Lease to extend the term thereof for
three (3) additional one (1) year term(g) each, and the third (3) term shall the have the option to terminate,
without cause, at eight (8) months with a 60 day notice from the date of expiration of said Lease, which
notice of exercise of option shall only be effective If in writing and sent to the Lessor as provided in the
Lease for the mailing of notices. Provided, however, drat Lessee may not exercise this right if the
Lessee has, received three (3) or more notices of default throughout the Initial term of this Lease,
whether or not those defaults were cured, or at any time when Lessee has breached and not cured or
is in default under this Lease. Should Lessee breach or default under this Lease at any time after
giving notice of extension and prior to the first day of the extended term, Lessor shalt have the right
to declare Lessee's notice void mid of no offeot, and the term of this Lease shall expire as if notice had
not been given.
Such Lease extension shall be upon the identical terms and conditions as set for the in the Loose, except
that'tho rental to be paid by Lessee shall be increased as follows:
Option i • $2,951.00 per month
Option 2 • $3,039.00 per month
Option 3 - $3,191.00 per month (effective November 1, 2024 to
October 31, 2025)
The first option must be exercised in a timely manner for the second option term to be valid,
Any security deposit hold by Lessor shall be increased in the ratio as the rent is increased in the first year
of the option period divided by the rent for the first year of the initial tern,
Upon default in payment of the full increase In rental provided fbr above, Lessor shall have the some rights
and remedies as upon default in the rant otherwise provided for in the Lease,
This OPTION TO RIMEW or extend may be exercised only by the original Lessee while
physically occupying the Premises an any consent by Lessor to assignment or sublease of the Premises
shall not be construed as a waiver of this prohibition,